SECTION 35:30-27-53. Brand and product names

(a)   The words "100%", "All", or words of similar designation shall not be used in the brand or product name of a pet food or a specialty pet food if the product contains more than one ingredient, not including water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments.

(b)   An ingredient or a combination of ingredients may form a part of the product name of a pet food or specialty pet food:

(1)   When the ingredient(s) derived from animals, poultry, or fish constitutes at least 95% of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredient(s) shall constitute at least 70% of the total product weight.

(2)   When any ingredient(s) constitutes at least 25% of the weight of the product, provided that:

(A)   Water sufficient for processing may be excluded when calculating the percentage; however, the ingredient(s) shall constitute at least 10% of the total product weight; and

(B)   A descriptor is used with the ingredient name(s). This descriptor shall imply other ingredients are included in the product formula. Examples of descriptors include "dinner", "platter", "entree", "formula", and "recipe"; and

(C)   The descriptor shall be in the same size, style, and color print as the ingredient name(s).

(3)   When a combination of ingredients are included in the product name, the product shall meet all of the following:

(A)   Each ingredient constitutes a least 3% of the product weight, excluding water;

(B)   The names of the ingredients appear in the order of their respective predominance by weight in the product; and

(C)   All the ingredient names appear on the label in the same size, style, and color print.

(c)   When the name of any ingredient appears in the product name of a pet food or elsewhere on the product label and includes a descriptor like "with" or similar designation, the named ingredient(s) shall each constitute at least 3% of the product weight exclusive of water for processing. If the names of more than one ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The 3% minimum level shall not apply to claims for nutrients, including, but not limited to, vitamins, minerals, and fatty acids, as well as condiments. The word "with", or similar designation, and named ingredients shall be in the same size, style, color, and case print and be of no greater size than:

Maximum "with claim"
	Panel Size	Type Size
	<5 sq. in.	1/8"
	5-25 sq. in.	1/4"
	25-100 sq. in.	3/8"
	100-400 sq. in.	1/2"
	400 sq. in +	1"

(d)   A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food when the flavor designation meets all of the following:

(1)   The flavor designation:

(A)   Conforms to the name of the ingredient as listed in the ingredient statement; or

(B)   Is identified by the source of the flavor in the ingredient statement; and

(2)   The word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3)   Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

(e)   The product name of the pet food or specialty pet food shall not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by 35:30-27-53(b) or (c); provided the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1)   The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser; or

(2)   It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

(f)   Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food or specialty pet food unless it is in compliance with 35:30-27-53(b), (c), or (d).

[Source: Added at 17 Ok Reg 2842, eff 7-13-00]